Commonly Asked Questions

If you suspect a loved one is being abused or neglected in their home,
call our Arizona nursing home attorneys at (602) 786-8860 to
schedule a free consultation today.

FAQ

How common is nursing home abuse?

Nursing home abuse and neglect impact thousands of elderly patients every
year. Tragically, only a fraction of these injustices are ever reported.
There are steps that can be taken to help protect a loved one against
abuse and neglect, but it may not be possible to fully prevent.

What are the most common signs of nursing home abuse and neglect?

Nursing home abuse and neglect can have many signs, depending largely on
the type of mistreatment that is happening. If you suspect any type of
abuse or neglect is taking place, you need to contact an experienced nursing
home attorney immediately to protect your loved one against future indignities.
Please visit our
questions about signs of nursing home abuse page for detailed information about specific indications of mistreatment.

What rights do nursing home residents have?

While there are a number of state and federal laws guaranteeing the rights
of nursing home residents, they all boil down to this: nursing home residents
are entitled to a clean and safe environment in which they are treated
with respect and dignity.

What should I do if I suspect a loved one is being mistreated?

If you suspect a loved one is being mistreated, you need to
contact our firm right away. Our team of attorney-doctors are uniquely equipped to investigate
claims of abuse and have a strong record of helping victims and their
families get justice.
To schedule your free consultation with one of our experienced Arizona
nursing home attorneys, please contact our office or call
(602) 786-8860 today.

How long do I have to file a nursing home abuse and neglect case?

There are statutes of limitations (time limits) on most personal injury
claims including nursing home abuse, neglect, and wrongful death cases.
If you believe you may have a case, we encourage you to contact our lawyers
as soon as possible. These time limits are strictly enforced by the court
system, and nothing can be done if a deadline is missed. Only a lawyer
can accurately advise you of Arizona’s laws related to nursing home
abuse cases as there are factors that may affect your particular case.
If your elderly loved one died or was ignored or abused in a nursing facility
of some kind, and you feel the death or injury was related to abuse and/or
neglect, please
contact our lawyers, who are also trained in medicine, today to schedule a confidential consultation.

What about privacy?

Nursing home residents are entitled to all the privacy to which a non-resident
is entitled. Incoming and outgoing mail or other electronic communication
cannot be opened or monitored. Residents have the right to associate and
communicate with whomever they please.

Does a resident have the right to refuse medical treatment?

In most circumstances, yes. If a resident is mentally fit to make the decision
and has been informed of all risks and alternatives to treatment, then
he or she may refuse any medication, surgery, or other such treatment
on any personal, ethical, religious, or other grounds. Residents also
have the right to refuse any experimental treatments offered and refuse
to participate in any other form of experimental research.

What can I do to help ensure that a loved one’s rights are being protected
in a nursing home?

The best thing one can do is making frequent visits to the nursing home
or assisted living facility and ask your loved one how he or she is being
treated. Residents have the right to daily established visiting hours,
as well as the right to visit with anyone they choose. Make frequent phone
calls if a physical visit is not possible. In some states, there are laws
that allow family members to place cameras in your loved one’s room
so that you may monitor the care your loved one receives. Nothing prevents
you from asking the nursing home for permission to place a camera in your
loved one’s room. If your loved one has cognitive difficulties,
ask some of the other residents how they are being treated. Make a point
of getting to know your loved one’s roommate and their family. Obtain
their name, address, and phone numbers as they may be the best witnesses
in your case.

How prevalent is nursing home abuse and neglect?

Statistics show that many nursing home residents experience some form or
verbal, physical, sexual, or financial
nursing home abuse. Keep in mind that this statistic only represents cases of abuse that
have actually been reported to authorities. Some estimates suggest that
only 10 to 20% of
elder abuse cases are ever reported. This means that nursing home abuse and neglect is far
more prevalent than current statistics indicate.

If a loved one has been the victim of abuse in a nursing home, what should I do?

As a nursing home resident or family member of a nursing home resident,
you have the right to seek legal representation from anyone you wish.
We strongly encourage you to contact our attorneys and set up a free case
evaluation to explore your legal remedies. Our attorneys are also doctors
who understand the intricacies of nursing home abuse and neglect from
both the legal and medical perspectives.

Why do so many cases of abuse and neglect go unreported?

There are several possible reasons for this. Many nursing home residents
suffer from cognitive disabilities such as dementia and Alzheimer’s
disease which prevent them from either:

1) understanding that abuse is occurring, or

2) being able to communicate that some form of abuse has occurred. Residents
who are otherwise able-minded enough to recognize and communicate the
abuse often choose not to file a complaint out of fear or embarrassment.

3) Fear of more abuse. For these reasons, it is crucial that friends and
family visit their loved ones often and know what
signs of abuse and neglect to look for.

If I suspect that abuse is occurring but have no hard evidence, what should I do?

What is being done to decrease the number of incidents of nursing home
abuse and neglect?

Although federal and state regulations are in place to protect the rights,
health and safety of nursing home residents, abuse and neglect continues
to be a widespread problem. Educating nursing home residents and the general
public about nursing home abuse and neglect is perhaps the best tool we
have. An educated public can put pressure on legislators and long-term
care providers to help ensure that standards of care are maintained.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

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